SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993 - SECT 64 Superannuation contributions--deductions from salary or wages to be remitted promptly

SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993 - SECT 64

Application

  (1)   This section applies if:

  (a)   an employer of an employee is authorised (whether by the employee, by force of law or otherwise) to:

  (i)   deduct an amount from salary or wages payable by the employer to the employee; and

  (ii)   pay to a trustee of a regulated superannuation fund the amount of the deduction for the purposes of making provision for superannuation benefits for, or for dependants of, the employee; and

  (b)   the employer makes such a deduction.

Prompt remission

  (2)   The employer must pay to a trustee of the superannuation fund the amount of the deduction before the end of the 28 - day period beginning immediately after the end of the month in which the deduction was made.

  (2A)   Subsection   (2) does not apply if:

  (a)   the employer pays to an approved clearing house (within the meaning of the Superannuation Guarantee (Administration) Act 1992 ) the amount of the deduction before the end of the period mentioned in that subsection; and

  (b)   the approved clearing house accepts the payment.

  (3)   The employer commits an offence if the employer contravenes subsection   (2).

Penalty:   100 penalty units.

  (3A)   The employer commits an offence if the employer contravenes subsection   (2). This is an offence of strict liability.

Penalty:   50 penalty units.

Note 1:   Chapter   2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2:   For strict liability , see section   6.1 of the Criminal Code .

Part - time domestic workers counted

  (5)   For the purposes of this section, the Superannuation Guarantee (Administration) Act 1992 has effect as if subsection   11(2) of that Act had not been enacted.